Kanniyappan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 4719 of 2020 Kanniyappan ... Petitioner Vs The Inspector of Police, T-12 Poonamallee Police Station, Chennai.

... Respondent Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to direct the respondent herein viz., the Inspector of Police, T-12, Poonamallee Police Station, Chennai to complete the investigation in the above case in Crime No.736 of 2019 and file a final report before the concerned Court within the time stipulated by this Court. For Petitioner : Mr.E.C. Murali For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent herein viz., the Inspector of Police, T-12, Poonamallee Police Station, Chennai to complete the investigation in the above case in Crime No.736 of 2019 and file a final report before the concerned Court within the time stipulated by this Court.

2.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 3.

Whenever any information in relation to commission of cognizable or non cognizable offence is received, the police officer shall adhere to the procedure contemplated under Sections 154 & 155 of the Criminal Procedure Code and after conducting necessary enquiry/investigation, file final report under Section 173 of Cr.P.C. Such investigation under Chapter XII of the Criminal Procedure Code shall be completed without any unnecessary delay. The delay in filing a final report in the present case is inordinate and unjustified. Hence, it would be appropriate to direct the Investigating Officer to file a final report within a stipulated time, if not already filed. 1/2 https://hcservices.ecourts.gov.in/hcservices/

4.

Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No. 736 of 2019 pending on his file and file a final report within a period of two months from the date of the receipt of a copy of this Order.

5.

This Criminal Original Petition is disposed of accordingly.

Sd/- Asst.Registrar (TNMCC) /true copy/ Sub Asst. Registrar kv To

1. The Inspector of Police, T-12 Poonamallee Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.D.Thanus Kumar Advocate sr18486 Crl.O.P.No. 4719 of 2020 vsnII(co) aa15/04/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/